Incorporate the United Nations Convention on the Rights of Persons with Disabilities and the Australian Charter of Healthcare Rights into health service information for people with intellectual disability
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) sets out the human rights of people with disability, as ratified by 186 countries including Australia. Three articles relevant to health service organisations are:
- Article 12, which recognises that people with disability have legal capacity on an equal basis with all others. This means the right to make decisions such as consenting to healthcare treatment. The person has a right to access the support required to make decisions. The person’s legal capacity is inviolable and cannot be removed. Safeguards such as guardianship should be used to support equal recognition and must be legal, proportional and for the shortest period necessary44
- Article 25, about health and the right to the enjoyment of the highest attainable standard of health, without discrimination
- Article 26, about habilitation and rehabilitation. Countries must take effective and appropriate measures to enable people with disability to develop, attain and maintain maximum ability, independence and participation.
The Australian Charter of Healthcare Rights was developed by the Commission and approved by all health ministers in 2008. These rights are essential to ensure that safe and high-quality care is provided to all people, including people with intellectual disability, in all health settings in Australia, including public and private hospitals.
Provide information about healthcare rights that is easy to understand
Provide information on the Australian Charter of Healthcare Rights in a format that is accessible for people with intellectual disability, such as an Easy Read version.
The Easy Read format describes everyday concepts and ideas with words and pictures and is designed specifically for people with intellectual disability.
Easy English resources are designed for broader audiences but may exclude people with intellectual disability if everyday concepts are not explained or illustrated.
People with intellectual disability may still require assistance with Easy Read and Easy English resources. These resources assist the clinician, family, supporters or guardian to discuss health care with the person.
Monitor whether the rights in the CRPD have been respected for people with intellectual disability. This monitoring can include, for example, conducting surveys involving the person, their family and/or their supporters.
